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Children Act 1989, Cross Heading: The Marriage Act 1949 (c. 76) is up to date with all changes known to be in force on or before 18 February 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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The Marriage Act 1949 (c. 76)E+W

5(1)In section 3 of the Marriage Act 1949 (consent required to the marriage of a child by common licence or superintendent registrar’s certificate), in subsection (1) for the words “the Second Schedule to this Act" there shall be substituted “ subsection (1A) of this section" ”.E+W

(2)After that subsection there shall be inserted—

“(1A)The consents are—

(a)subject to paragraphs (b) to (d) of this subsection, the consent of—

(i)each parent (if any) of the child who has parental responsibility for him; and

(ii)each guardian (if any) of the child;

(b)where a residence order is in force with respect to the child, the consent of the person or persons with whom he lives, or is to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection);

(c)where a care order is in force with respect to the child, the consent of the local authority designated in the order (in addition to the consents mentioned in paragraph (a) of this subsection);

(d)where neither paragraph (b) nor (c) of this subsection applies but a residence order was in force with respect to the child immediately before he reached the age of sixteen, the consent of the person or persons with whom he lived, or was to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection).

(1B)In this section “guardian of a child”, “parental responsibility”, “residence order” and “care order” have the same meaning as in the Children Act 1989.”

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